THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

401. Reference to Council where Secretary delays passing orders.— (1) Wherewithin the period specified in section 400, the Secretary has neither granted nor refused to grantpermission to construct or reconstruct a hut, the Council shall be bound on the written request ofthe applicant to determine whether such permission should be granted or not.(2) Where the Council does not, within thirty days from the date of receipt of such writtenrequest, determine whether such permission should be granted or not, such permission shall be deemedto have been granted and the applicant may proceed to execute the work but not so as to contraveneany of the provisions of this Act or any rules or bye-laws made thereunder.12. Proviso added by Act 14 of 1999, w.e.f. 24-3-1999.402. Grounds on which permission to construct or reconstruct hut may berefused.— (1) The grounds on which permission to construct or reconstruct a hut may berefused are the following, namely:-(1) that the work or use of the site for the work would contravene the provisions of anylaw or any order, rule, bye-law or declaration made under such law;(ii) that the application for permission does not contain the particulars or are not prepared inthe manner required by any rule or bye-law made under this Act;(iii) that any information or plan required by the Secretary under the rules or bye-laws madeunder this Act has not been duly furnished;(iv) that streets or roads have not been made as required under Section 359; or(v) that the proposed hut would be an encroachment upon a land belonging to theGovernment or the Municipality.(2) No application for permission to construct or reconstruct a hut shall be refusedwithout stating the reasons for such refusal.403. Lapse of permission.— Where the construction or reconstruction of a hut is notcompleted within the period specified in the permission, such permission shall lapse unless asapplication for extension of time is made before the expiry of the period specified.EXTERNAL WALLS, ALTERATIONS AND ADDITIONS404. Maintenance of external walls in repair.— The owner or occupier of any buildingadjoining a public street shall keep the external part of the building in proper repair, with lime orcement plaster or any other material to the satisfaction of the Secretary.405. Application of provisions to alterations and additions.— The provisions of thisChapter and of any rule or bye-law made under this Act relating to construction and reconstructionof buildings shall also be applicable to any alteration thereof or addition thereto:Provided that works using materials of the same nature and value to keep the building as suchwithout enhancing its value and without changing its occupancy and usage and which do not affect theposition or dimension of a building or any room therein shall not be deemed an alteration or anaddition for the purpose of this section. Changing of roof by using a different materiel, fitting ofrolling shutters, building of walls using a different material and other similar works which enhance thevalue of the building to any extent will not be treated as repair but as a new construction.POWERS OF THE SECRETARY406. Demolition or alteration of building work unlawfully commenced, carried onor completed.— (1) Where the Secretary is satisfied-(i) that the construction, reconstruction or alteration of any building or digging of any well-(a) has been commenced without obtaining the permission of the Secretary or in